Categories of Dormant Commerce Clause Cases

1) state or local laws that discriminate against out-of-state commerce which include both
a) state or local laws that discriminate on their face against out-of-state commerce and
b) state or local laws that have a discriminatory effect on out-of-state commerce

2) state or local laws that are motivated by economic protectionism - a desire to protect local economic interests at the expense of out-of-state commerce

3) state statutes that neither discriminate against out-of-state commerce nor are motivated by economic protectionism

Dormant Commerce Clause Standards

1) Strict Test: To be constitutional, a state or local law must advance a legitimate state or local interest and there must be no reasonable nondiscriminatory alternative means available to advance that interest

2) More Deferential Test (Pike Balancing Test): To be constitutional, the burdens a state or local law imposes on out-of-state commerce must not be clearly excessive in comparison to the local benefits.

The strict test applies to laws that discriminate against out-of-state commerce on their face or in their effect as well as laws that are motivated by economic protectionism.

The more deferential test applies to all other laws that impose undue burdens on out-of-state commerce